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1. The Defendant’s KRW 47,621,353 as well as 5% per annum from April 1, 2014 to August 21, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. On March 23, 2009, the Plaintiff entered into a housing sale contract and a contract for the supply of balcony construction (hereinafter collectively referred to as the “instant apartment”) with the Defendant on the Incheon apartment No. 1903, 2701 (hereinafter referred to as the “instant apartment”). The main contents of the instant sales contract are as follows.
- Article 1 [Sale Price] 560,310,00 won (28,01,015,500 won for the second down payment, each of 56,031,00 won for the first or the sixth intermediate payment, each of the remainder of 16,00 won for the first or the second intermediate payment, and 168,093,00 won for the remainder of 168,00 won) / [4] (the payment method for the intermediate payment] (4) Where the Defendant pays the intermediate payment by the financial institution designated by the Plaintiff from the financial institution designated by the Plaintiff, the loan interest interest accrued from the date of the intermediate payment to the first time prior to the date designated by the Plaintiff from the first day of the designation period for the occupancy
(5) Under paragraph (4), the Defendant shall repay the amount equivalent to the loan interest that the Plaintiff paid on behalf of the Plaintiff within the period designated by the Plaintiff pursuant to the contract for sale in lots, and if the amount is not repaid within the period, the late payment penalty provision under Article 7 (3) shall apply.
(6) Any balance shall be paid until the expiration of the designation of occupancy notified by the Plaintiff.
Article 3 [Cancellation of Contract] (1) The plaintiff may cancel this contract even after the peremptory notice is given when the defendant committed any of the following acts:
(2) Where the balance is not paid within three months from the agreed date (the expiration date of the designation of occupancy). (3) In cases where the Defendant fails to pay interest on the part of the part payment that the Plaintiff paid in lieu of the Plaintiff pursuant to Article 2 (4) within three months from the agreed date (the expiration date of the designation of occupancy), Article 4 / [Penalties] (1) where the contract is cancelled on the grounds falling under Article 3 (1) (1) and (2), 10% of the total sales